Terms of Use

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Empatho App
 

Terms and Conditions


Empatho is licensed to You (End-User) by Empatho Corp, located at 222 Bay Street,
PO Box 37, Suite 2600, Toronto, Ontario M5K 17B, Canada (hereinafter: Licensor),
for use only under the terms of this License Agreement.

 

By downloading the Application from the Apple AppStore, and any update thereto
(as permitted by this License Agreement),  You indicate that You agree to be bound
by all of the terms and conditions of this License Agreement, and that You accept
this License Agreement.


The parties of this License Agreement acknowledge that Apple is not a Party to this
License Agreement and is not bound by any provisions or obligations with regard to
the Application, such as warranty, liability, maintenance and support thereof.
Empatho Corp, not Apple, is solely responsible for the licensed Application and the
content thereof.


This License Agreement may not provide for usage rules for the Application that are
in conflict with the latest. Empatho Corp acknowledges that it had the opportunity
to review said terms and this License Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.


1. The Application
Empatho (hereinafter: Application) is a piece of software created to help
organizations improve the health and wellness of employees to improve
productivity, reduce absenteeism, and improve morale. - and customized for Apple
mobile devices. It is used to provide consistent, unobtrusive feedback to the user
about their habits, activities, and environment to understand the many factors that
impact their personal wellbeing.
The Application is not tailored to comply with industry-specific regulations (Health
Insurance Portability and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would be subjected to such
laws, you may not use this Application. You may not use the Application in a way
that would violate the Gramm-Leach-Bliley Act (GLBA).


2. Scope of License


2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to
install and use the Licensed Application on any Apple-branded Products that You
(End-User) own or control and as permitted by the Usage Rules set forth in this
section and the App Store Terms of Service, with the exception that such licensed
Application may be accessed and used by other accounts associated with You (End-
User, The Purchaser) via Family Sharing or volume purchasing.


2.2 This license will also govern any updates of the Application provided by Licensor
that replace, repair, and/or supplement the first Application, unless a separate
license is provided for such update in which case the terms of that new license will
govern.

2.3 You may not share or make the Application available to third parties (unless to
the degree allowed by the Apple Terms and Conditions, and with Empatho Corp's
prior written consent), sell, rent, lend, lease, or otherwise redistribute the
Application.


2.4 You may not reverse engineer, translate, disassemble, integrate, decompile,
integrate, remove, modify, combine, create derivative works or updates of, adapt, 
or attempt to derive the source code of the Application, or any part thereof (except
with Empatho Corp's prior written consent).


2.5 You may not copy (excluding when expressly authorized by this license and the
Usage Rules) or alter the Application or portions thereof. You may create and store
copies only on devices that You own or control for backup keeping under the terms
of this license, the App Store Terms of Service, and any other terms and conditions
that apply to the device or software used. You may not remove any intellectual
property notices. You acknowledge that no unauthorized third parties may gain
access to these copies at any time.


2.6 Violations of the obligations mentioned above, as well as the attempt of such
infringement, may be subject to prosecution and damages.


2.7 The Licensor reserves the right to modify the terms and conditions of licensing.


2.8 Nothing in this license should be interpreted to restrict third-party terms. When
using the Application, You must ensure that You comply with applicable third-party
terms and conditions.


3. Technical Requirements


3.1 The Application requires a firmware version 1.0.0 or higher. Licensor
recommends using the latest version of the firmware.


3.2 Licensor attempts to keep the Application updated so that it complies with
modified/new versions of the firmware and new hardware. You are not granted
rights to claim such an update.


3.3 You acknowledge that it is Your responsibility to confirm and determine that the
app end-user device on which You intend to use the Application satisfies the
technical specifications mentioned above.


3.4 Licensor reserves the right to modify the technical specifications as it sees
appropriate at any time.


4. Maintenance and Support


4.1 The Licensor is solely responsible for providing any maintenance and support
services for this licensed Application. You can reach the Licensor at the email
address listed in the App Store Overview for this licensed Application.


4.2 Empatho Corp and the End-User acknowledge that Apple has no obligation
whatsoever to furnish any maintenance and support services with respect to the
licensed Application.

5. Use of Data


You acknowledge that Licensor will be able to access and adjust Your downloaded
licensed Application content and Your personal information,  and that Licensor's use
of such material and information is subject to Your legal agreements with Licensor
and Licensor's privacy policy: https://www.empatho.com/privacy.


6. User Generated Contributions


The Application does not offer users to submit or post content. We may provide you
with the opportunity to create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or in the Application,  including
but not limited to text, writings, video, audio, photographs, graphics, comments,
suggestions, or personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of the Application
and through third-party websites or applications. As such, any Contributions you
transmit may be treated in accordance with the Application Privacy Policy.

When you create or make available any Contributions, you thereby represent and warrant
that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights,  including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.


2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Application,  and other users of the Application to use your Contributions in any manner contemplated by the Application and these Terms of Use.


3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms of Use.


4. Your Contributions are not false, inaccurate, or misleading.


5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings,
or other forms of solicitation.


6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).


7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.


8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.


9. Your Contributions do not violate any applicable law, regulation, or rule.


10.Your Contributions do not violate the privacy or publicity rights of any third party.


11.Your Contributions do not contain any material that solicits personal
information from anyone under the age of 18 or exploits people under the
age of 18 in a sexual or violent manner.

12.Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of
minors.


13.Your Contributions do not include any offensive comments that are connected
to race, national origin, gender, sexual preference, or physical handicap.


14.Your Contributions do not otherwise violate, or link to material that violates,
any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Application in violation of the foregoing violates these Terms of Use
and may result in, among other things, termination, or suspension of your rights to
use the Application.


7. Contribution License


You agree that we may access, store, process, and use any information and
personal data that you provide following the terms of the Privacy Policy and your
choices (including settings).
By submitting suggestions of other feedback regarding the Application, you agree
that we can use and share such feedback for any purpose without compensation to
you.
We do not assert any ownership over your Contributions. You retain full ownership
of all of your Contributions and any intellectual property rights or other proprietary
rights associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area in the
Application. You are solely responsible for your Contributions to the Application and
you expressly agree to exonerate us from any and all responsibility and to refrain
from any legal action against us regarding your Contributions.


8. Liability


8.1 Licensor's responsibility in the case of violation of obligations and tort shall be
limited to intent and gross negligence. Only in case of a breach of essential
contractual duties (cardinal obligations), Licensor shall also be liable in case of
slight negligence. In any case, liability shall be limited to the foreseeable,
contractually typical damages. The limitation mentioned above does not apply to
injuries to life, limb, or health.


8.2 Licensor takes no accountability or responsibility for any damages caused due
to a breach of duties according to Section 2 of this Agreement. To avoid data loss,
You are required to make use of backup functions of the Application to the extent
allowed by applicable third-party terms and conditions of use. You are aware that in
case of alterations or manipulations of the Application, You will not have access to
licensed Application.


9. Warranty


9.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses,
or any other malware at the time of Your download. Licensor warrants that the
Application works as described in the user documentation.

9.2 No warranty is provided for the Application that is not executable on the device,
that has been unauthorizedly modified, handled inappropriately or culpably, 
combined or installed with inappropriate hardware or software, used with
inappropriate accessories, regardless if by Yourself or by third parties,  or if there
are any other reasons outside of Empatho Corp's sphere of influence that affect the
executability of the Application.


9.3 You are required to inspect the Application immediately after installing it and
notify Empatho Corp about issues discovered without delay by e-mail provided in
Product Claims. The defect report will be taken into consideration and further
investigated if it has been mailed within a period of ninety (90) days after discovery.


9.4 If we confirm that the Application is defective, Empatho Corp reserves a choice
to remedy the situation either by means of solving the defect or substitute delivery.


9.5 In the event of any failure of the Application to conform to any applicable
warranty, You may notify the App-Store-Operator, and Your Application purchase
price will be refunded to You. To the maximum extent permitted by applicable law,
the App-Store-Operator will have no other warranty obligation whatsoever with
respect to the App, and any other losses, claims, damages, liabilities, expenses and
costs attributable to any negligence to adhere to any warranty.


9.6 If the user is an entrepreneur, any claim based on faults expires after a
statutory period of limitation amounting to twelve (12) months after the Application
was made available to the user. The statutory periods of limitation given by law
apply for users who are consumers.


10. Product Claims


Empatho Corp and the End-User acknowledge that Empatho Corp, and not Apple, is
responsible for addressing any claims of the End-User or any third party relating to
the licensed Application or the End-User’s possession and/or use of that licensed
Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the licensed Application fails to conform to any applicable
legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation,
including in connection with Your Licensed Application’s use of the
HealthKit and HomeKit.
You represent and warrant that You are not located in a country that is
subject to a U.S. Government embargo, or that has been designated by
the U.S. Government as a "terrorist supporting" country;  and that You are
not listed on any U.S. Government list of prohibited or restricted parties.


11. Legal Compliance


You represent and warrant that You are not located in a country that is subject to a
U.S. Government embargo, or that has been designated by the U.S. Government as

a “terrorist supporting” country; and that You are not listed on any U.S. Government
list of prohibited or restricted parties.


12. Contact Information


For general inquiries, complaints, questions or claims concerning the licensed
Application, please contact:
Empatho
222 Bay Street
PO Box 37, Suite 2600
Toronto, Ontario M5K 17B
Canada
support@empatho.com


13. Termination


The license is valid until terminated by Empatho Corp or by You. Your rights under
this license will terminate automatically and without notice from Empatho Corp if
You fail to adhere to any term(s) of this license. Upon License termination, You shall
stop all use of the Application, and destroy all copies, full or partial, of the
Application.


14. Third-Party Terms of Agreements and Beneficiary


Empatho Corp represents and warrants that Empatho Corp will comply with
applicable third-party terms of agreement when using licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's
End-User License Agreement, " Apple and Apple's subsidiaries shall be third-party
beneficiaries of this End User License Agreement and - upon Your acceptance of the
terms and conditions of this license agreement,  Apple will have the right (and will
be deemed to have accepted the right) to enforce this End User License Agreement
against You as a third-party beneficiary thereof.


15. Intellectual Property Rights


Empatho Corp and the End-User acknowledge that, in the event of any third-party
claim that the licensed Application or the End-User's possession and use of that
licensed Application infringes on the third party's intellectual property rights, 
Empatho Corp, and not Apple, will be solely responsible for the investigation,
defense, settlement and discharge or any such intellectual property infringement
claims.


16. Applicable Law


This license agreement is governed by the laws of Canada excluding its conflicts of
law rules.


17. Miscellaneous

17.1 If any of the terms of this agreement should be or become invalid, the validity
of the remaining provisions shall not be affected. Invalid terms will be replaced by
valid ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down in
writing. The preceding clause can only be waived in writing.

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